Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products N/A
- Statute of Repose: Real Property 10 years
- Breach of Contract (Written) 10 years
- Personal Property 2 years
- Personal Injury 2 years
- Warranty 4 years
Able to Pursue Owner
Sue Owner for Negligence – NO
Suspend Owner’s License – NO
Deductible Reimbursement
Pro Rata State
W. Va. Code Ann. § 114-14-7
Garnishment
YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Wage attachment is permitted in West Virginia through use of a suggestee execution. A suggestee execution is an order issued by the clerk directing the judgment debtor’s employer to withhold a portion of the debtor’s wages and pay them over to the creditor; The creditor must have a valid judgment and must sign an affidavit establishing that the debtor’s disposable income exceeds 30 times the federal minimum wage after deduction of state and federal taxes; West Virginia law also allows judgment creditors to file a suggestion of personal property, a writ of execution and a judgment lien creditor’s action
Parental Responsibility
Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000 limited to actual damages, court costs and interest from date of judgment
Liability imposed when child willfully or maliciously injures person, destroys property, sets fire to forest or wooded area of another, or willfully takes property of another
Subrogation by Landlord's Carrier against Tenant
Not clear, look to lease